Decree on the promotion of collective and certification trademarks abroad published 

On 17 November 2022, a decree on the promotion of collective and certification trademarks abroad was published in the Italian Official Gazette.  

The organisations and unions pursuant to Article 53 of Law no. 128 of 1998 and other bodies will be able to submit applications to Unioncamere (the Italian public body representing chambers of commerce, industry, handicrafts and agriculture) – from 22 November 2022 to 22 December 2022 – applications for the benefits, planned up to a maximum amount of 150,000.00 euros.  

Source: UIBM’s Official website 

Italian Supreme Court ruled on the protection of design works  

With Judgment No. 30331 of 14 October 2022, the Italian Supreme Court ruled on the conditions for the recognition of the artistic value of design works.  

In particular, according to the Court, artistic value is linked to the recognition of aesthetic and artistic qualities by cultural and institutional bodies, or to the presentation of the work in exhibitions and museums or to its publication in specialised magazines as well as the awarding of prizes. Moreover, the value may be recognised if the work has acquired a high market value or if it was created by a well-known artist.  

Source: De Jure 

Italian Antitrust Authority fines Italian multinational company and partner agencies for misleading commercial practices  

In a press release dated 18 November 2022, the Italian Antitrust Authority (in italian “Autorità Garante della Concorrenza e del Mercato”, “AGCM”) informed that an administrative sanction of EUR 3,500,000 on a well-known Italian multinational company, as well as further sanctions on a number of partner agencies operating in the energy sector were imposed. 

The proceedings were initiated following numerous reports from customers and consumer associations that pointed out the misleading nature of a pre-recorded message broadcast by call center operators concerning the date of termination of the special price regime for small end customers.   

The Authority ascertained the misleading nature of the conduct, as well as its aggressiveness due to the repeated calls that disseminated the pre-recorded message, and the undue use of customer lists by partner agencies, through unauthorised sub-agencies.  

Source: AGCM’s Official website  

Unfair commercial practices: AGCM fines a famous company operating in the sale of second-hand 

In a press release dated 10 November 2022, the AGCM reported that an investigation against a well-known company operating in the sale of second-hand was concluded with the application of a fine of EUR 1.5 million for unfair practices in the promotion of its trading platform. 

In particular, according to the AGCM, the company promoted the platform’s activities by disseminating misleading information on the real costs of commercial transactions and by transmitting commercial communications focused on the free-of-charge of buying and selling transactions, without mentioning the additional costs to the product purchase price related to the application of the “Purchase Protection” commission and shipping costs..  

Source: AGCM’s Official Website 

Italian Communications Guarantee Authority for a digital Italy: new Conciliaweb platform launched  

From 16 November 2022, the new version of ConciliaWeb of the Italian Communications Guarantee Authority (in italian, “Autorità per le Garanzie nelle Comunicazioni”, “AGCOM”), the platform enabling the resolution of disputes between users and operators of telecommunications and audiovisual media services, is online. 

In particular, the platform allows users to start the mediation procedure – which is carried out entirely by telematic means – in the event of non-compliance with users’ rights established by law (or by the AGCOM’s resolutions, contractual conditions and operators’ standards).  

Source: AGCOM’s Official Website 

Observatory on Communications: online the data for the first half of 2022 

On 3 November 2022, AGCOM published the new data of the Observatory on Communications for the first half of 2022, relating to the areas under AGCOM’s authority. 

The report confirms the negative trend already recorded in previous surveys regarding paper publishing, due to the sales of digital copies being more concentrated. With regard to online platforms, the websites and applications of the big international players are confirmed at the top of the ranking.  

Source: AGCOM’s Official website 

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